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Legislative Assembly for the ACT: 1999 Week 12 Hansard (25 November) . . Page.. 3770 ..

MS TUCKER (continuing):

(b) apply for the issue of a warrant to enter the place and search the place for evidence of a stated kind that the person has not been managing the land in accordance with the agreement.

(2) On application under subsection (1), a magistrate may issue a warrant authorising an inspector named in the warrant, with necessary and reasonable assistance and force-

(a) to enter the place; and

(b) to search the place for evidence of the kind stated in the warrant; and

(c) to seize anything found in the course of the search that the inspector believes on reasonable grounds to be evidence of a stated kind connected with not complying with the agreement.

(3) However, a magistrate must not issue a warrant unless-

(a) the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; and

(b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

(4) A warrant must-

(a) state the purpose for which it is issued; and

(b) state that the warrant is to investigate suspected noncompliance with a land management agreement; and

(c) mention the hours during which entry is authorised, or state that the entry is authorised at any time of the day or night; and

(d) include a description of the kinds of evidence in relation to which the powers under the warrant may be exercised; and

(e) mention the date, not more than 28 days after the date of issue of the warrant, that the warrant ceases to have effect.".

This amendment establishes inspection powers to check whether land is being managed in accordance with an LMA. It does not add new of more stringent inspection powers to the Land Act but merely clarifies how the current inspection powers relate to LMAs. The Minister has already included in this Bill a provision that orders can be taken out against leaseholders who do not manage their land in accordance with an LMA. However, the current orders regime in the Land Act applies to what are called controlled activities.

At present, section 266 of the Act, relating to inspections, only refers to inspections to ascertain whether controlled activities are taking place with an approval. But an LMA cannot be regarded as an approval under the Act, as approvals under section 230 only

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